ANTENUPTIAL CONTRACTS

We realise that this may sometimes be a difficult conversation to have, especially when the couple is caught up in the excitement and planning of their wedding day, so we strive to record the agreement between the parties before they enter into their marriage, as quickly and as efficiently as possible.

An Antenuptial Contract (“ANC”) is an essential document that, under South African law, determines whether your marriage will exist in one of the following matrimonial property regimes:

  • In community of property: all assets are jointly owned and all liabilities are equally shared by spouses

  • Out of community of property – with accrual: each spouse declares his/her estate’s nominal value at commencement of the marriage and retains their assets and liabilities (unless expressly excluded) until death or divorce, when the accrual of each will be calculated and divided

  • Out of community of property: all assets and liabilities of the spouses are separate, unless otherwise provided for in the ANC

Antenuptial Contracts are fairly common when parties want to retain control of their separate estates, especially if one or more of the instances listed here applies: if the parties have their own businesses, if either or both parties have substantial assets, children from a previous marriage, potentially large inheritances, high incomes, or have been unduly financially disadvantaged in a former marriage or have experienced a traumatic divorce.

Only a notary public may execute an antenuptial contract. It is important that both parties consult with the notary public beforehand and request an explanation of the various matrimonial property regimes, and the implications of each on divorce. It is important to properly understand the implications.

At Lindi Smith Attorneys, we do not allow a client to sign an antenuptial contract until we ensure that both parties involved understand exactly what they are signing and what the future impact thereof can be.

Once the antenuptial contract has been drafted, both parties, two witnesses and the notary public must sign it in duplicate prior to the marriage. The antenuptial contract will then be forwarded to the Deeds Office in the area where the parties reside to be registered. Registration must be affected within three months of the date it was signed by the notary public.

Wedding coordinators and marriage officers confidently refer clients to Lindi Smith Attorneys for their antenuptial contracts.

“Our fundamental belief is that professional legal services are a function of building strong and personal relationships with our clients.”

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